R. Berlin and R. Hirsch
MODERN RABBINIC
THOUGHT
By Rav
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This shiur is
dedicated in memory of
our beloved father Harry Meisles (Elchanan ben
Yitzchak) z"l
whose yahrzeit falls
on 26 Adar the Meisles family.
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Shiur #17: R. Berlin and
Reasons for the
Mitzvot
R. Berlin argues that
every mitzva has a chok quality to it, manifest in two
ways. First, a mitzva
remains binding even when the reason we attribute to it does not apply. Second, we cannot rationally explain all
the details of the commandments.[1] The latter position is similar to, but
not identical with, Rambams theory in Moreh Nevukhim (3:26). Rambam argues that logic necessitates a
certain arbitrary quality with regard to the details of mitzvot. For example, the Torah must select some
number of bullocks for a given sacrifice, but the specific number is
arbitrary. For R. Berlin, the
apparently arbitrary nature of the details stems not from logical necessity but
from the desire to include a chok element in each commandment. Human beings should feel incapable of
fully understanding the teleology of mitzvot.
At the same time,
Netziv did seriously engage in the endeavor of suggesting rationales for
mitzvot and often did so in an illuminating fashion. He offers an insightful explanation for
certain anomalies in the korban toda, the thanksgiving offering. Even though this offering is a subset of
the korban shelamim, the peace offering, it differs from the normal
procedures. Regarding the standard
shelamim, the owner has two days to eat the sacrifice, but only one day
when it comes to the toda.
Additionally, the toda is accompanied by loaves of chametz
bread, something unusual in the world of sacrifices. R. Berlin explains that the person
bringing this sacrifice experienced divine salvation that obligates expression
of gratitude. Halakha wants this
person to make a festive meal with many invitees who will hear about the
salvation. Limiting the amount of
eating time forces the sacrifices owner to include more people in the meal, and
the bread helps enhance the festivity.[2]
In this vein, R.
Berlin adds a novel reading of two famous verses in Tehillim. Lekha ezbach zevach toda u-veshem
Hashem ekra. Nedarai la-Shem ashalem negda na le-khol amo (I will offer to
You the sacrifice of thanksgiving, and will call upon the name of the Lord. I
will pay my vows unto the Lord, yea, in the presence of all His people
Tehillim 116:17-18). The
verses clearly refer to bringing a thanksgiving offering. According to the simplest translation,
negda means toward or in the presence of. R. Berlin suggests an added level of
linguistic resonance, with negda alluding to the word lehagid
(to tell). A person obligated to
bring the toda must tell the story to many members of the Jewish
people.[3]
Sometimes, R. Berlin
locates two separate themes in a single mitzva. His analysis of the nazir
differentiates between different possible motivations for taking on this
vow. Some take the vow as a
striving for extra sanctity. Others
feel endangered by sexual temptation and take this vow as a way of curbing their
impulses. R. Berlin argues that
both these motivations explain the need for prohibitions against drinking wine
and cutting hair. On the other
hand, only the motivation of striving for greater sanctity explains the
prohibition against coming into contact with a corpse. The person struggling with temptation
might actually find support in the gloomy atmosphere of human mortality. Nevertheless, Halakha applies all three
prohibitions to standard nezirut, irrespective of which of these two
motivations inspired the vow.
Only the distinct legal category of nezirut Shimshon reflects a
model that includes the wine and hair prohibitions but lacks the tumat
met component.[4]
Whereas
One factor may have
enabled Netziv to feel more comfortable than
R. Berlin relies on a
narrative section of Torah to illustrate his conception of the multiple reasons
for each commandment. God says that
the Jewish people did not go up on the mountain at Sinai because they were
afraid of the fire. Netziv points
out that this does not exhaust the reasons for their remaining below. After all, God explicitly instructed
them not to ascend the mountain.
Apparently, when the Torah gives a reason for an action or policy, it
does not intend to comprehensively list each and every reason. The same principle applies in the
broader realm of Halakha.[8]
Netziv also contends
that we do not think about reasons at the time of the mitzva
performance. At that time, the only
relevant factor is the divine command per se. The Torah tells us that Yaakovs sons
brought his dead body out of
The principle that
the mitzva remains in force even when the reason no longer applies
appears in many places in Haamek Davar. We wait thirty days before redeeming a
first-born son to insure that the baby is viable, but we do so even if we know
that the pregnancy was full term.
The price of five coins reflects the economic evaluation of a baby, but
that price stays intact even when redeeming an adult.[10] We provide the Levites with
maaser rishon (a tithe of the produce) partially because they lack their
own real estate, but the obligation of that tithe remained in force during the
In another example, a
guardian is exempt from paying for the loss of an object if the owner of that
object was working with him at the time of the loss. In halakhic terms, we call this
baalav imo. R. Berlin
explains this exemption based on the special dynamic unique to the borrower, the
shoel. Nonetheless, he
asserts the halakha that the same exemption applies to other types of guardians
as well.[12]
All the examples up
to this point relate to extended scope. Even though the basic rationale no
longer applies, the mitzva remains binding. Netziv also mentions another type of
chok element. The
mitzva of honoring parents would seem to reflect the rationally
understandable mitvza par excellence. Regarding rational commandments, we do
not anticipate finding any differences between the
An important
exception to the above exists in Netzivs thought. There are mitzvot that depend
fully upon human reasoning. The
Torah commands gemilut chasadim in a very general fashion and the rabbis
filled in the details with specifics regarding visiting the sick, burying the
deceased, and so on. Regarding such
mitzvot, no chok element exists, and the details fully follow
human reasoning.[14]
Secular
studies
The popular account
states that R. Berlin closed the yeshiva of Volozhin rather than accede to the
demand of the Russian authorities to introduce secular studies. In an extensive study,
Strikingly, the
passage in Haamek Davar makes a parallel point about the relationship
between Talmud study and other branches of Torah knowledge. Netziv argues that intensive Talmud
study must precede heavy involvement in Tanakh or Aggada. The Talmudic dictum, Keep your children
away from higayon (Berakhot 30b), means that one should not
pursue Tanakh (at the expense of Talmud) in ones formative years. Here, we have another strong contrast
between R. Berlin and R. Hirsch. R.
Berlins emphasis on the primacy of Talmud study was not shared by R.
Hirsch.
R. Berlin does offer
some moderate support of secular wisdom.
He explains the seven branches of the menora as representing the
seven branches of human wisdom. All
the lights point toward the center to indicate the primacy of Torah, but the
other forms of wisdom do make a contribution. R. Berlin notes areas of Halakha, such
as kilayim and calendar calculations, where mathematical knowledge
proves helpful to understanding Torah.[18]
This contrasts
strongly with the approach of R. Hirsch.
R. Berlin offers a limited endorsement of secular wisdom, while
Relation to the
Gentile World
According to R.
Berlin, attempts at integration and assimilation actually bring about an
anti-Semitic backlash. It is only a proud separatist approach that earns us
respect. Hen am levadad yishkon
u-vagoyim lo yitchashav (It is a people that shall dwell alone, and shall
not be reckoned among the nations Bemidbar 23:9). R. Berlin interprets the verse
as contrasting our two possible postures. If we remain badad, alone, we
dwell securely. On the other hand,
if we try to live interwoven ba-goyim, then lo yitchashav,
they do not grant us respect.[22]
Yaakov Avinu
symbolizes this trait. He settles
outside of Shekhem to maintain his distinctiveness.[23] He makes it clear to Esav that he does
not desire ongoing integration between their two families.[24] When Yaakovs family moves to
Conclusion
R. Berlin presents
some important and nuanced positions.
He favors Jewish separatism, but still maintains a universalistic message
that includes concern for non-Jews.
He emphasizes intensive Talmud study, but sees value in some secular
wisdom. He offers suggestions
regarding the reasons for mitzvot, while stressing the chok
element in every commandment. Such
positions merit careful study and appreciation.
[This is our final
shiur on the thought of Netziv.
Next week, we will begin looking at the thought of the Meshekh
Chokhma,
[1] Haamek Davar Bemidbar 15:16.
[2] Haamek Davar Vayikra 7:13.
[3] Harchev Davar Vayikra 7:13.
[4] Haamek Davar Bemidbar 6:8.
[5] Haamek Davar Shemot 29:20.
[6] Haamek Davar Shemot 13:9.
[7] Haamek Davar Shemot 23:19, Vayikra 16: 28, 19:26.
[8] Haamek Davar Devarim 5:5.
[9] Haamek Davar Bereishit 50:12.
[10] Haamek Davar Bemidbar 3:47.
[11] Haamek Davar Bemidbar 18:23.
[12] Haamek Davar Shemot 22:14.
[13] Haamek Davar Shemot 20:12, Devarim 22:7.
[14] Haamek Davar Shemot 18:16, see also Bemidbar 15:16.
[15]
[16] Harchev Davar Devarim 32:2.
[17] Meishiv Davar 1:44.
[18] Haamek Davar Bemidbar 8:2.
[19] Harchev Davar Bereishit 45:16.
[20] Haamek Davar Bereishit 17:4.
[21] Harchev Davar Bereishit 17:4.
[22] Haamek Davar Bemidbar 23:9.
[23] Haamek Davar Bereishit 33:18.
[24] Haamek Davar Bereishit 33: 15.
[25] Haamek Davar Bereishit 46:34.
[26] Haamek Davar Bereishit 33:4.
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